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HomeMy WebLinkAbout11-78141?1?J%T I4 A 11:GI CUMBERLAND COUNT` PENNSYLVANIA ATTORNEY FOR PLAINTIFF PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 266715 COURT OF COMMON PLEAS CIVIL DIVISION V. Plaintiff DAVID SHORTER A/K/A DAVID A. SHORTER BRENDA SHORTER A/K/A BRENDA R. SHORTER 25 EAST KELLER STREET MECHANICSBURG, PA 17055-3827 Defendants TERM NO. ?`-?g1? Cl?ll CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 266715 (bk* SP C9. 1-10 ?°? absRSe NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File k: 266715 Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 The name(s) and last known address(es) of the Defendant(s) are: DAVID SHORTER A/K/A DAVID A. SHORTER BRENDA SHORTER A/K/A BRENDA R. SHORTER 25 EAST KELLER STREET MECHANICSBURG, PA 17055-3827 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/15/2007 DAVID SHORTER AKA DAVID A. SHORTER and BRENDA SHORTER AKA BRENDA R. SHORTER made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1985, Page 4825. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11 /01 /2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 266715 6 The following amounts are due on the mortgage as of 08/10/2011: Principal Balance $104,738.98 Interest $5,616.61 10/01/2010 through 08/10/2011 Late Charges $33.99 Property Inspections $160.00 Escrow Deficit $1,914.33 TOTAL $112,463.91 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 266715 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $112,463.91, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By Attorney for Plaintiff File #: 266715 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with improvements thereon, situate on the north side of East Keller Street in the Second Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the building line on the north side of East Keller Street at corner of lands now or formerly of Ray S. Aulthouse and Martha M. Aulthouse, his wife; thence in a northerly direction through the partition wall separating a double two story frame dwelling house known as Nos. 25 and 27 East Keller Street, along the lands now or formerly of Ray S. Aulthouse and Martha M. Aulthouse, his wife, and through the partition separating the garages on the aforesaid properties one hundred and twenty-eight (128) feet, more or less, to the southern line of King Alley; thence in a westerly direction along the southern line of King Alley twenty- four and six-tenths (24.6) feet to a post on line of other lands now or formerly of Otis H. Aulthouse and Mary E. Aulthouse; thence in a southerly direction along other lands now or formerly of Otis H. Aulthouse and Mary E. Aulthouse one hundred twenty-eight (128) feet, more or less, to a post on the building line on the north side of East Keller Street; thence in an easterly direction along the building line on the north side of said East Keller Street twenty-five and six- tenths (25.6) feet to a point, the place of BEGINNING. BEING THE SAME PREMISES which Florence A. Steckbeck, a single person, granted and conveyed to Jeffrey M. Rioux and Trang L. Rioux, husband and wife, by deed dated September 27, 1999 and recorded September 29, 1999 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Record Book 208, Page 688 PROPERTY ADDRESS: 25 EAST KELLER STREET, MECHANICSBURG, PA 17055-3827 PARCEL # 17-23-0565-084 File #: 266715 VERIFICATION Florence Gomez, hereby states that he/ h is Vice President Loan Documentation of WELLS FARGO BANK, N.A., in this matter, that he/ os authorized to take this Verification. and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi e knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE:Q'I 1? NAMF: Shorter 032-PA-V2 (W& I AAV? me: Florence Gomez Na Title: Vice President Loan Documentation File #: 266715 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FF ,C.E':=Tr-E Wells Fargo Bank, N.A. vs. Case Number . David A. Shorter (et al.) 2011-7814 SHERIFF'S RETURN OF SERVICE 10/18/2011 08:15 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 17, 2011 at 2015 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brenda R. Shorter, by making known unto herself personally, at 112 W. Coover Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 'I ?xr J</- TIM B CK, DEPUTY 10/18/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Brenda R. Shorter, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Brenda R. Shorter. Request for service at 25 E. Keller Street, Mechanicsburg, Pennsylvania 17055 the Defendant was not found. Brenda R. Shorter currently resides at 112 W. Coover Street, Mechanicsburg, Pennsylvania 17055. 10/18/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Brenda R. Shorter, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Brenda R. Shorter. Request for service at 402 S. Broad Street, Mechanicsburg, Pennsylvania 17055 the Defendant was not found. Brenda R. Shorter currently resides at 112 W. Coover Street, Mechanicsburg, Pennsylvania 17055. 10/21/2011 04:43 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2011 at 1643 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: David A. Shorter, by making known unto himself personally, at 25 E. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM K, DEPUTY SHERIFF COST: $106.00 October 24, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ;c)Gou'14,swe Shenft. ieleosoft. InC. PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1 400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. VS. DAVID SHORTER A/K/A DAVID A. SHORTER BRENDA SHORTER A/K/A BRENDA R. SHORTER I Attorney for Plaintiff c ? Cc CUMBERLAND COUNTY i COURT OF COMMON PLEA& +v ;0 : CIVIL DIVISION : No. 11-7814 CIVIL FOR IN REM JUDGMENT FOR FAILURE TO TO THE PROTHONOT Kindly enter judgm t in favor of the Plaintiff and against DAVID SHORTER A/K/A ) A. SHORTER, an BRENDA SHORTER A/K/A BRENDA R. SHORTER, Defendant(s) for failure to Ole an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $112,463.91 TOTAL $112,463.91 I hereby certify that 1) the Defendants' last known addresses are 25 EAST KELLER STREET, MECHANICSB RG, PA 17055-3827 and 112 WEST COOVER STREET, MECHANICSBURG, PA 17055-6412, and (2) that notice has bee iven in accordance with Rule Pa.R.C.P 237.1. DatekEAIAA V . Cusick, Esquire Attorney for Plaintiff DAMAGES ARE HEREBI ASSESSED AS INDICATED. DATE: PHS # 266715 PROTHONOTARY 4I4.DO Pp ??TM1 ?? i?o?ce ?.1a?.o! 266715 PHELAN HALLINAN & S HMIEG, LLP Attorney for Plaintiff Robert W. Cusick, Esq., Id. o.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION DAVID SHORTER A/K/A DAVID A. SHORTER No. 11-7814 CIVIL BRENDA SHORTER A/1?/A BRENDA R. SHORTER . AFFIDAVIT OF NON -MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioped matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant DAVID SHORTER A/K/A DAVID A. SHORTER is over 18 years of age and resides at 215 EAST KELLER STREET, MECHANICSBURG, PA 17055-3827. (c) that defe ant BRENDA SHORTER A/K/A BRENDA R. SHORTER is over 25 EAST KELLER STREET, MECHANICSBURG, PA 17055- 18 years of age and resides ;t' 3827 and 112 WEST COOPER STREET, MECHANICSBURG, PA 17055-6412. This statement is made subject to the p i of 18 Pa. C.S. Section 4904 relating to unsworn falsificai iion to authorities. Date _ Robert W. Cusick, Esquire Attorney for Plaintiff 266715 WELLS FARGO BANK, N.A.IIII COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 11-7814 DAVID SHORTER, A/K/A DAVID A. CUMBERLAND COUNTY SHORTER BRENDA SHORTER, A/K/A BRENDA R. SHORTER Defendant(s) TO: DAVID SHORTER, A DAVID A. SHORTER 25 EAST KELLER S ET MECHANICSBURG, A 17055-3827 DATE OF NOTICE: THIS FIRM IS A DEB COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY ORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDNCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALL OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT? HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TOR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT ORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFO ATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. PHS # 266715 Office of the Prothonotary Cumberland County urthouse 1 Courthouse Sq Carlisle, PA 17 13 (717) 240-619 By. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Atto ey U Ph an H g, LLP 400 1 17 Jto 1 One Penn Philadelphia, PA 19103 PHS # 266715 i F. WELLS FARGO BANK, N.A.I COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 11-7814 DAVID SHORTER, A/K/A DAVID A. CUMBERLAND COUNTY SHORTER BRENDA SHORTER, A/K/A BRENDA R. SHORTER Defendant(s) TO: BRENDA SHORTER, A BRENDA R. SHORTER 112 WEST COOVER TREET MECHANICSBURG, A 17055-6412 DATE OF NOTICE: THIS FIRM IS A DEB COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY ORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPOND CE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. U"ORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALL OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJE ONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FR M THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKI THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO R TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH FORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT ORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFO TION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. PHS # 266715 Office of the Protho otary Cumberland County C ouse 1 Courthouse Sq Carlisle, PA 170 3 (717) 240-6195 ?I CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By. - v Joshua o man, Esquire Atto y for laintiff Phe Hall n & Schmie , LLP 1617 JFK B ulevard, S ' e 1400 One Penn C P Philadelphia, PA 19103 PHS # 266715 111 I WELLS FARGO BANK, N.A. V. DAVID SHORTER, A/K/A SHORTER BRENDA SHORTER, A/K, SHORTER TO: BRENDA SHORTER, 25 EAST KELLER ST MECHANICSBURG, DATE OF NOTICE: Plaintiff AVID A. BRENDA R. Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-7814 CUMBERLAND COUNTY BRENDA R. SHORTER 17055-3827 TIES FIRM IS A DEB IS SENT TO YOU IN HEREIN, AND ANY PURPOSE. IF YOU THIS CORRESPOND ATTEMPT TO COL PROPERTY. F ECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE TEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO ATION OBTAINED FROM YOU WILL BE USED FOR THAT EVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, S NOT AND SHOULD NOT BE CONSTRUED TO BE AN DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST R"ORTANT NOTICE YOU ARE IN DEFA T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALL OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJE ONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FRO THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE ITHIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO 0 TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH ORMATION ABOUT HIRING A LAWYER IF YOU CANNOT ORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFO TION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A DUCED FEE OR NO FEE. PHS # 266715 Office of the Protho F,us Cumberland County C e 1 Courthouse Sq Carlisle, PA 17013 (717)240-619, I CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By. Joshua Atto fo Plaintiff Phel Hal man 8t Schmie , LLP 161 JFK oulevard, S ' 1400 One Penn ter Pi Philadelphia, 103 PHS # 266715 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. CUMBERLAND COUNTY VS. DAVID SHORTER A/K/ DAVID A. SHORTER BRENDA SHORTER A/] BRENDA R. SHORTER Notice is gi against you on /A : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-7814 CIVIL that a Judgment in the above captioned matter has been entered Ill?i By: LOA !, w If you have alll--Y questions concerning this matter please contact: Robert W. Cusick, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEB COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT FA LIEN AGAINST PROPERTY. ** WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7814 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N. A. Plaintiff (s) From DAVID SHORTER A/K/A DAVID A. SHORTER BRENDA SHORTER A/K/A BRENDA R. SHORTER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $ 112, 463.91 L.L.: $.50 Interest from 12/28/2011 to Date of Sale ($18.49 per diem) --- $ 2,995.38 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $ 243.00 Other Costs: Plaintiff Paid: Date: 2/14/12 I David D. B 11, Prothono (Seal) Deputy REQUESTING PARTY: Name: Melissa J. Cantwell, Esquire Address: Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-9897 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 308912 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v DAVID SHORTER A/K/A DAVID A. SHORTER BRENDA SHORTER A/K/A BRENDA R. SHORTER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/28/2011 to Date of Sale ($18.49 per diem) NO.: 11-7814 CIVIL CUMBERLAND COUNTY $112,463.91 $2,995.38 TOTAL Note: Please attach description of property. PHS # 266715 4 2 8. 5-0 Pd P_?t 106.00 C' F q? oo .r N. ?i • 00 i? 2. 5 eft y3. 4?. Co J. ew /ts3q`ej//15 By.2 fz? 27to6l ?6\X/f,-f of- ?x 15sve d $115,459.29 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff '+t rn rn - czn?" cQ ?b -? b-n W Q ?v cNw Q N? W W? ? d O W ?, d ? W c A ? O OO ? Ha? w? N W° a? d16 a o B18 (Official Form 18) (02/09) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): David A Shorter 25 E. Keller Street Mechanicsburg, PA 17055 Chapter 7 Case No. 1:09--bk-03086-RNO Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-Identification No(s)(if any): xxx-xx-7861 DISCHARGE OF DEBTOR(S) It appearing that the debtor(s) is entitled to a discharge, IT IS ORDERED: The debtor(s) is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). BY THE COURT Dated: August 3. 2009 Honorable Robert N. Opel United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. This document is electronically signed and f led on the same date. Case 1:09-bk-03086-RNO Doc 20 Filed 08/03/09 Entered 08/03/09 01:01:14 Desc Ch 7 Discharge Page 1 of 2 B18 (Official Form 18) (02/09) Continued EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. P The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. D The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debt That are Not Discharged Some of the common types of debts which are = discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. Case 1:09-bk-03086-RNO Doc 20 Filed 08/03/09 Entered 08/03/09 01:01:14 Desc Ch 7 Discharge Page 2 of 2 Notice Recipients District/Off. 0314-1 Case: 1:09-bk-03 086-RNO User: admin Form ID: B 18 Date Created: 08/03/2009 Total: 19 Recipients submitted to the BNC (Bankruptcy Noticing Center) without an address: cr Wells Fargo Home Mortgage, INC., Recipients of Notice of Electronic Filing: ust United States Trustee ustpregion03.ha.ecf@usdoj.gov tr Leon P. Haller (Trustee) lhaller@pkh.com aty Joseph P Schalk pamb@fedphe.com aty Michael S Travis Mtravislaw@comcast.net TOTAL:1 TOTAL:4 Recipients submitted to the BNC (Bankruptcy Noticing Center): db David A Shorter 25 E. Keller Street Mechanicsburg, PA 17055 3257525 Brenda Shorter care of Luther Milspaw Esquire 130 State Street 3257526 Capital One 2730 Liberty Avenue Pittsburgh, PA 15222 3257527 Capital One PO Box 85520 Richmond, VA 23285 3257528 Chase 800 Brooksedge Blvd Westerville, OH 43081 3257529 Citi PO Box 6241 Sioux Falls, SD 57117 3257530 Citi Bank DFS Dell Financial Services 12234 N 1 H 355B Bldg B 3257531 Citifinancial PO Box 499 Hanover, MD 21076 3257532 HFC Loan PO Box 1547 Chesapeake, VA 23327 3257533 HSBC PO Box 5253 Carol Stream, IL 60197 3257534 UGI Corp of Reading PO Box 13009 Reading, PA 19612 3257535 Washington Mutual Providian PO Box 9180 Pleasonton, CA 94566 3257536 Wells Fargo 8480 Stagecoach Circle Frederick, MD 21701 3257537 Wells Fargo Bank PO Box 31557 Billings, MT 59107 Harrisburg, PA 17101 Austin, TX 78753 TOTAL: 14 Case 1:09-bk-03086-RNO Doc 20-1 Filed 08/03/09 Entered 08/03/09 01:01:14 Desc Ch 7 Discharge: Notice Recipients Page 1 of 1 fnldec(09/09) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): David A Shorter 25 E. Keller Street Mechanicsburg, PA 17055 Chapter 7 Case No. 1:09-bk-03086-RNO Last four digits of Social-Security, Individual TaxpayerAdentification, Employer Tax-Identification No(s)(if any): xxx-xx-7861 FINAL DECREE The estate of the above named debtor(s) has been fully administered. IT IS ORDERED THAT: Leon P. Haller (Trustee) is discharged as trustee of the estate of the above-named debtor(s); and the chapter 7 case of the above named debtor(s) is closed. BY THE COURT Dated: March 3. 2010 6LA Honorable Robert N. Opel United States Bankruptcy Judge This document is electronically signed and filed on the same date. Case 1:09-bk-03086-RNO Doc 22 Filed 03/03/10 Entered 03/03/10 14:28:18 Desc Final Decree Closing Case Page 1 of 1 Notice Recipients District/Off. 0314-1 User: RParker Date Created: 3/3/2010 Case: 1:09-bk-03086-RNO Form ID: fnldec Total: 3 Recipients of Notice of Electronic Filing: tr Leon P. Haller (Trustee) lhaller@pkh.com aty Michael S Travis Mtravislaw@comcast.net TOTAL:2 Recipients submitted to the BNC (Bankruptcy Noticing Center): db David A Shorter 25 E. Keller Street Mechanicsburg, PA 17055 TOTAL: 1 Case 1:09-bk-03086-RNO Doc 22-1 Filed 03/03/10 Entered 03/03/10 14:28:18 Desc Final Decree Closing Case: Notice Recipients Page 1 of 1 PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. FILED-OFFICE OF THE PROTHONOTARY 2012 FEB 14 PM 2: 43 CtM?IBER!_AND COUNTY PENNSYLVANIA DAVID SHORTER A/K/A DAVID A. SHORTER BRENDA SHORTER A/K/A BRENDA R. SHORTER Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7814 CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff 4 V. DAVID SHORTER A/K/A DAVID A. SHORTER BRENDA SHORTER A/K/A BRENDA R. SHORTER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7814 CIVIL CUMBERLAND COUNTY PHS # 266715 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 25 EAST KELLER STREET, MECHANICSBURG, PA 17055-3827. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DAVID SHORTER A/K/A DAVID A. SHORTER 25 EAST KELLER STREET MECHANICSBURG, PA 17055-3827 2. 3. 4. BRENDASHORTER A/K/A BRENDA R. SHORTER Name and address of Defendant(s) in the judgment: Name 112 WEST COOVER STREET MECHANICSBURG, PA 17055-6412 Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE C rwA Z;v ug r- -VM ' .czy - -4c D ZQ p $ o-n c '3 y.C 5 --4 ? w Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY - HOMEOWNER'S EMERGENCY P.O. BOX 15530 MORTGAGE ASSITANCE PROGRAM HARRISBURG, PA 17105 WELLS FARGO BANK, N.A WELLS FARGO BANK, N.A. WELLS FARGO BANK, N.A. 101 NORTH PHILLIPS AENUE SIOUX FALLS, SD 57104 ATTN: DOCUMENT MGT. P.O. BOX 31557, MAC B6955-015 BILLINGS, MT 59107 ATTN: HOME EQUITY LSC-FINAL DOCS. P.O. BOX 31557 MAC B6955-016 BILLINGS, MT 59107 WELLS FAR.GO BANK, N.A., C/O CHESLEA SETTLEMENT SERVICES A s WELLS FARGO BANK, N.A., C/O TONYA COCHRAN WELLS FARGO BANK NA FORECLOSURE DEPARTMENT 3800 MARKET STREET CAMP HILL, PA 17011 DOC PREP ONE HOME CAMPUS, MAC X2303-013 DES MOINES, IA 50328 18700 NW WALKER ROAD #92 MAC # P6053-022 BEAVERTON, OR 97006 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF MECHANICSBURG 36 WEST ALLEN STREET MECHANICSBURG, PA 17055 BOROUGH OF MECHANICSBURG, C/O DAVID J. SPOTTS, ESQUIRE 36 WEST ALLEN STREET MECHANICSBURG, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 25 EAST KELLER STREET MECHANICSBURG, PA 17055-3827 BRENDA R. SHORTER C/O LUTHER E. MILSPAW, JR, ESQUIRE DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 130 STATE STREET HARRISBURG, PA 17101 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE FEDERAL BUILDING, P.O. BOX 11754 U.S. ATTORNEY FOR THE MIDDLE 228 WALNUT STREET DISTRICT OF PA HARRISBURG, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. f' Date: 4 A/(0 By: - Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. DAVID SHORTER A/K/A DAVID A. SHORTER BRENDA SHORTER A/K/A BRENDA R. SHORTER Defendant(s) : NO.: 11-7814 CIVIL : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVID SHORTER BRENDA SHORTER A/K/A DAVID A. SHORTER A/K/A BRENDA R. SHORTER 25 EAST KELLER STREET 112 WEST COOVER STREET MECHANICSBURG, PA 17055-3827 MECHANICSBURG, PA 17055-6412 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 25 EAST KELLER STREET, MECHANICSBURG, PA 17055-3827 is scheduled to be sold at the Sheriffs Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $112,463.91 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an annoRceWent&ill be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. a r.o nt ? =-n NOTICE OF OWNER'S RIGHTS z7a co r YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE r ©' zQ ? x To prevent this Sheriff's Sale, you must take immediate action: a rv 5c" r" 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs-and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the_value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION The land referred to in this Commitment is described as follows: AS DESCRIBED IN DEED BOOK 208, PAGE 688 ALL THAT CERTAIN lot of ground with improvements thereon, situate on the north side of East Keller Street in the Second Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the building line on the north side of East Keller Street at corner of lands now or formerly of Ray S. Aulthouse and Martha M. Aulthouse, his wife; thence in a northerly direction through the partition wall separating a double two story frame dwelling house known as Nos. 25 and 27 East Keller Street, along the lands now or formerly of Ray S. Aulthouse and Martha M. Aulthouse, his wife, and through the partition separating the garages on the aforesaid properties one hundred and twenty-eight (128) feet, more or less, to the southern line of King Alley; thence in a westerly direction along the southern line of King Alley twenty-four and six-tenths (24.6) feet to a post on line of other lands now or formerly of Otis H. Aulthouse and Mary E. Aulthouse; thence in a southerly direction along other lands now or formerly of Otis H. Aulthouse and Mary E. Aulthouse one hundred twenty-eight (128) feet, more or less, to a post on the building line on the north side of East Keller Street; thence in an easterly direction along the building line on the north side of said East Keller Street twenty-five and six-tenths (25.6) feet to a point, the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN David A. Shorter and Brenda R. Shorter, h/w, by Deed from Jeffrey M. Rioux and Trang L. Rioux, h/w, dated 03/15/2007, recorded 03/22/2007 in Book 279, Page 1116. PREMISES BEING: 25 EAST KELLER STREET, MECIIANICSBURG, PA 17055-3827 PARCEL NO. 17-23-0565-084 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-7814 CIVIL WELLS FARGO BANK, N.A. VS. DAVID SHORTER A/K/A DAVID A. SHORTER BRENDA SHORTER A/K/A BRENDA R. SHORTER owner(s) of property situate in the 2ND WARD OF THE BOROUGH OF MECHANICSBURG, Cumberland County, Pennsylvania, being (Municipality) 25 EAST KELLER STREET, MECHANICSBURG, PA 17055-3827 Parcel No. 17-23-0565-084 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $112,463.91 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 W. AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. 1 ? ' 1 ? J PHS#266715 1 }' ? illiAl? DEFENDANT SERVICE TEAM/ I {? t mer? - AM 9' a DAVID SHORTER A/K/A DAVID A. SHORTER COURT NO.: 11-781 `f'I'V BRENDA SHORTER A/K/A BRENDA R. SHORTER CUMBERLAND COT` SERVE BRENDA SHORTER A/K/A BRENDA R. SHORTER AT: TYPE OF ACTION PENNSYLVANIA 112 WEST COOVER STREET XX Notice of Sheriff's Sale MECHANICSBURG, PA 17055-6412 SALE DATE: June 6, 2012 **DIVORCED- One cannot accept service for the other** SERVED Served and made known to BRENDA SHORTER A/K/A BRENDA R. SHORTER, Defendant on then -I "day ofQ?y 20 -LJ at OS, o'clock t. M., at (12. W,GOVr9?, +U?Ikgiutcs 6+l?6?A in the manner described below: Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. - an officer of said Defendant's company. Other: Description: Age ? Height s r., 7'- _ Weight (3 Race W Sex i- Other I, o A14-t.b MOC-L , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: NAME: PRINTED NAME: J?a /J `-p TITLE: ?Ajass sap-vo2 NOT SERVED On the __ day of , 20_, at o'clock M., Defendant NOT FOUND because: _ Vacant - Does Not Exist - Moved - Does Not Reside (Not Vacant) No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Hiakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY f dL WELLS FARGO BANK, N.A. F t ?¢0 I+' PHS # 266715 DEFENDANT DAVID SHORTER A/K/A DAVID A. SHORTER BRENDA SHORTER A/K/A BRENDA R. SHORTER SERVE DAVID SHORTER A/K/A DAVID A. SHORTER AT: 25 EAST KELLER STREET MECHANICSBURG, PA 17055-3827 **DIVORCED- One cannot accept service for the other** SERVICE TEAM/ 1 012 MA -9, AN 9: 59 COURT NO.: 11-7814 CIVIL IC UMBEP,LANO COUNT`i` PENNSYLVANIA TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 6, 2012 SERVED Served and made known to DAVID SHORTER A/K/A DAVID A. SHORTER, Defendant on the ),(Srday of FC-Akvo-y ,20j at 1?_Ico , o'clock. M., at/ZS ?.k??[F? ?,?(?Iti<VICSKJRt?Rin the manner described below: J,/ Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: _ Descri tion: Age 4o Height Weight 70 Race W Sex M Other I, N" MdL, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to enalties of 18 Pa. S. Sec. 4904 relating to unsworn falsification to authorities. DATE: + j NAME: PRINTED NAME: tjjrcD A )t6 LL 'PP-,D c TITLE: _C,?_ NOT SERVED On the _ day of , 20, at o'clock _. M., Defendant NOT FOUND because: - Vacant - Does Not Exist _ Moved - Does Not Reside (Not Vacant) No Answer on at Service Refused Other: 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 dqp -? u ' ?3 N _-A .r? 2 • Phelan Hallinan & Schmieg, LLP ' SD 1617 JFK Boulevard, Suite 1400 ? C7, One Penn Center Plaza Philadelphia, PA 19103 r? c.n 215-563-7000 0C. Fax 215-568-7616 Anastasia Graham Legal Assistant Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 No.: H-7814 CIVIL Re: WELLS FARGO BANK, N.A. VS. DAVID SHORTER A/K/A DAVID A. SHORTER, and BRENDA SHORTER A/K/A BRENDA R. SHORTER No.: 11-7814 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129.1 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 06/06/2012 Sheriff Sale.** IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Very truly yours, By: Phelan Hallinan & Schmieg, LLP Anastasia Graham, Legal Assistant cc: Sheriff of CUMBERLAND County Representing Lenders in Pennsylvania and New Jersey PHS # 266715 w PHELAN HALLMAN & SCHMIEG, LLP Attorney for Plaintiff Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, V. DAVID SHORTER A/K/A DAVID A. SHORTER BRENDA SHORTER A/K/A BRENDA R. SHORTER Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 11-7814 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/o • urn Receipt stamped by the U.S. Postal Service is attached h xhibit ` ". Alliso ell squire Attorney for P aintiff Date: r2/ IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the_Sheriff's Sale. 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V1 E `an,'. p 'T ? n yry 3` s9 o (? -' o o +P ova N p„ y w ? a 1 ro0- v ? •a w [V o ow ?? 00 ?r °r o ..d SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheri Jody S Smith Chief Deputy E7 Richard W Stewart: I_ . Solicitor r', _ t Wells Fargo Bank, N.A vs. Case Number David A. Shorter jet al., 2'C11-7814 SHERIFF'S RETURN OF SERVICE 03/21 /2012 )4 02 'FPM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by )ostinq a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, jPon the property located at 25 E. Keller Street, Mechanicsburg Borough, Mechanicsburg PA 17055, :umberland County. 03/21/2012 74:02 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate ,Nrit, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: David A. shorter at 25 E. Keller Street, Mechanicsburg Borough, Mechanicsburg, PA 17055 Cumberland County. 03/21/20"2 ;3:00 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate ',A/rit, Notice and Description, in the above titled action, by making known its contents and at the same !;ime personally handing a true copy to a person representing themselves to be the Defendant, to wit: Brenda Sl?o~ter at 112 1N Coover street, Mechanicsburg Borough, Mechanicsburg, PA 170555 -L mberland i::ounty 03/29/2012 Affidavit of Service on Brenda Shorter a/k/a Brenda R. Shorter & David Shorter a/k/a Dav°d A. Shorter filet n the Sheriff's Office 06/06/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and iegal notice had been given according to law, he exposed the within described premises at public venue o- outcry at the C;,amberland County Courthouse, Carlisle PA on June 6, 2012 at 10:00 a.m.. He sold the same for the ,um of $50,000.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation, being the buyer in This execution, paid to the Sheriff the sum of $ SHERIFF CO-,'T $ 086.92 SO ANSWERS, July 05, 2012 RONM R ANDERSON SHERIFF 0-'4 ?7 SCHEDULE OF DISTRIBUTION Date Filed: 6,,21'12 'A,'rit No. 20 11-78 14 Civil Term Wells Far io Bank, ^1.A. vs- Dav?d Shorter A/K/A David A. Shorter Brenda Shorter A/K/A Brenda R. Shorter 5 East Keller Street iVlechanlcsburg, PA 17055 Sale Data: B u v(:I-: Rid 'PACE. Alllollnt Due Interest: 'Atty Costs .June 6, 2012 Wells Fargo Bank, N.A. S 50.000.00 S 112,463.91 2995.38 243 M -1 ota' Due S I t 5.702.29 DISTRIBr.'TION: Receipts: Cash on Account (02/15/2012): S 1,500.00 Cash on Account (06/0(5/2012): 5,000.00 Credit Writ 2011-7814 Civil Term 43,500.00 Total Receipts: S 50,000.00 Disbursements: Sheriffs Costs Mcchanicsburg Borough Refund ofAdvance Costs to Attorney [)lamel Schmieg P&d to Atty Daniel Schmieg Cn-dil. Writ 201 1-7814 Civil Term Total Disbursements: Balance for distribution: So AtlswN cl S: 1?onr? R. Anderson - Sheri IT $ 2,086.92 2,335.22 1,500.00 577.86 43,500.00 ($50,000.00) 00.00 NVELLS H:1R(?O BANK. N.A. Plaints if N ;' L J COURT OIP COMMON PLEAS CIVIL, D1\,JSI0N DAVID SHORTER A/K/A DAVID A. SHORTER BRENDA SHORTER A/K1A BRENDA R. SHORTER Defendanti s ) NO.: 11-78;14 C'IVII. CUMBERLAND COUNTY PHS # 266715 AFFIDAVIT PURSUANT TO RULE 3129.1 NVL+ I,LS FARGO BAND, N.A., Plaintiff in the above action, by the undersigned attorney sets lO th is r f the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 25 EAST KELLER STREET, MECHANICSBURG, PA 17055-3827. Narr.c and address of Ovaner(s) or reputed Owner(s): Nam°: Address (if address cannot be reasonable ascertained. please so indicate) DAVID SHORTER A/K/A DAVID A. SHORTER 25 EAST KELLER STREET MECHANICSBURG, PA 17055-3827 4 BRENDA. SHORTER .AJK;A BRFNDA R. SHORTER Name:: and address of Defendant(s) in the judgment: Nam, SAN E' AS 1BOVE 112 WEST COOVER STREET MECIIANICSBURG, PA 17055-6412 Address (if address cannot be reasonably ascertained, please so indicate) Nam( and last known address of every judgment creditor whose judgment is a record lien on the risa? property to be sold: 'Nam( Address (if address cannot be reasonably ascertained, please indicate) None Name and address of last recorded holder of every mortgage of record: Nam( Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY - HOMEOWNER'S EMERGENCY P.O. BOX 15530 MORTGAGE ASSITANCE PROGRAM HARRISBI"R(.. PA 17105 WELLS FARGO BANK, N.A NN'EI LS FARGO BANK, N.A. WE1,L.S FAIZGO BAN K, N.A. 101 NORTH PHILLIPS AENUE SIOUX FALLS, SD 57104 AT'TN: DOCUMENT MGT. P.O. BOX 31557. MAC B6955-015 BILLINGS, MT 59107 ATTN: HOME EQUITY LSC-FINAL W)c S. P.O. BOX 31557 MAC B6955-016 BILLINGS. MT 59107 NNIF11'S 1? -kRGO BANK, N.A., 3800 MARKETSTREET C/0 CHESLEA SETTLEMENT SERVICES CAMP HILL. PA 17011 G:LLS I, kRC:O BANK, N.A., DOC PREP C10 TON) A COCHI:AN ONE HOME CAMPUS, MAC X2303-01?, DES MOINES, lA 50328 WELLS FARGO BAiNK NA 18700 NW WALKER ROAD #92 FORECLOSURE DEPARTMENT MAC '# P6053-022 BF,AVERTON, OR 97006 Narn:• and <<ddress of every other person who has any record lien nii the property: Nan-, Address (if address cannot he reasonably ascertained, please indicate} BOROUGH OF MECHANICSBURG 36 WEST ALLEN STREET MECHANICSBURG, PA 17055 BOROUGH OF MECHANICSBLJRG, 36 WEST ALLEN STREET C/O DAVID .1. SPOTTS, ESQUIRE MECHANICSBURG, PA 17055 6. Nam., and address of every other person who has any record interest in the property and whose interes, maybe affected by the ,,ale. Name Address (if address cannot be reasonably ascertained, please indicate) Noll(, Namc and address of every other person of whom the plaintiff has 'knowledge who has any interest in tie property which may he affected by the sale: Nam( Address (if address cannot be reasonably ascertaincd, please indicate) T'EN ANT/()CCUPAN'T 25 EAST KELLER STREET MECHANICSBURG, PA 17055-3827 BRENDA It. SHORTER 130 STATE STREET C/O LUTHER E. MILSPAW, JR, ESQUIRE HARRISBURG, PA 17101 DOMESTIC RELATIONS OF 13 NOR'T'H HANOVER STREET CUMBERLAND COUNTY CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 INTERNAL _ REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE FEDERAL. BUILDING, P.O. BOX 11754 U.S. ATTORNEY FOR THE MIDDLE 228 WALNICIT STREET DISTRICT OF PA HARRISBURG, PA 17108 I verify that the statements made in this affidavit are true: and correct to the best of'iny personal knowledge of information and belief. I understand that false statements herein are made m.ihiect to the penalties of 13 Pa. A. 4904 relai.ing to unsworn falsification to authorities. Date-. --- - - fay: Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308O l :? Attorney for Plaintiff X1/ELLS F kRGO BANK, N.A. Vs. DAVID SHORT ER A/K/A DAVID A. SHORTER : NO.: 11-7814 C1VH.? BRENDA SHORTER A/K/A BRENDA R. SHORTER : CUMBERL1,M) COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTI TO: DAN ID SHORTER A/k/A DAVID _A. SHORTER 25 FAST KELLER. STREET MECH,NNICSBURG, PA 17055-3827 BRENDA SHORTER A/K/A BRENDA R. SHORTER 112 WEST COOVER STREET MECHANICSBURG, PA 17055-6412 **THIS FtWVI IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY 1NFORAIATION OBTAINED WILL BE t;SED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY. THIS IS N07 AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** You]- house (real estate) at 25 EAST lh:ELLER STREET, MECHAPJICSBURG, PA 17055-3827 is scheduled t(, be sold at the Sheriff s Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of;$112,463.91 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY 13E ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. TI)c sab-, will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorrnev's fees due. To find out how much you must pay, you may call: 2I5-63--7000 x1230. YOu may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgrn ,,w cv;is improperly entered. You may also ask the Court to postpone the sale `'.)r good cause. 1 ou :n,iy also be able to stop the sale through other legal proceedings. You array i eed an attorney to assert your rights. The sooner you contract one, the rnorc chance :you will have of stop n!ng tae sale (See notice on page two on how to obtain an attorncv.) YOU MAY STILL, BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. COURT OF CONI JO?s PLEAS ]Plaintiff : CIVIL DIN SIGN 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. `?'+i nay find aut the price bid b%- 215-563--7000. P You n]a, be able to petition the Court to set aside the sale ifthc bid price: was gros-lk -natlequate compared to the value of'f:<,ur property. -l'hc sale wil ?o throug'ri only if the buyer pays the Sheriff she full tunount due in the ??,1le To find out if this has lhappenAi, V( It May call 215-563-7000. 4. 1 r'the amount J ue ti-om the Buyer is not paid to the Sheriff, you will remain the owner (,f _he property as if the sale ne% ? r h<ippened. ?'ou hav t? the eight tc remain in the property until the full ailnount due is paid to the Sheri f and the Sheriff s a deed to he buyer. At that time, the buyer may bring legal proceedings to evict log . 6. You ma, be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thitly (30) clays after the sale. The schedule shall, be kept on file with the sheriff and will be made available for inspection in his office. This, schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are tiled with the Sheriff within ten (10) clays after the filing of the proposed schedule. 7. You mLn also have other rights and defenses, or ways of getting your home back, ii vo?? a:;t immediately after the sale YOU SHOULD 'CAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR C ANNOT .AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE VOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 117013 (717) 249-3166 (800) 990-9 t08 LEGAL DESCRIPTION I'he hand rr f'erred to in this Commitment is described as follows 1S i )ESCOBED IN DEED BOOK 208, PAGE 688 ALI THA I CERTAIN( lot of ground with improvements thereon, situate on the north side o) LIst Keller Street in Ilic Second Ward of the Borough of Mechanicsburg, Cumberland County, Pcnnsy k ani.i.. more particularly bounded and described as follows: BEC;1MNING at a point on the building line on the north side ol'East Keller Street at corner o 'lands now or f'orn-.crly of Ray S. Aulthouse and Martha M. Aulthouse, his v?ife; tlicr.ce in a northerly direc?iorl through the partition w=ill separating a double two story frame dwelling house known as Nos. 25 and 27 Fast Keller Street, along the lands now or formerly of Ray S. Aulthouse and Martha M. Aulthouse, his wife, and through the partition separating; the garages on the aforesaid properties one hundred and twenty-eight (128) feet, more or leis, to the southern line of King Alley; thence in a westerly direction along the southern hii.e 1 ji'King Alley twenty-four and six-tenths (24.6) feet to a post on line of other lands now or formerly of Otis II. 4ulthouse and Mary I . Aulthouse; thence in a southerly direction along other lands now or formerl?v oft' )tis, 11. Aulthouse: and Mary E. Aulthouse one hundred twenty-eight (128) feet, more or less, to a post ott the building dine on the north side of East Keller Street; thence in an easterly direction along the building line on the north side 4said Bast Keller Street twenty-five and six-tenths (25.6) feet to a point, the place of BIX?il\NING. TITLE TO SAID PREMISES VESTED IN_David ,,. Shorter and Brenda R. Shorter, li, w. by Deed from Jeffirey M. Rioux and Trang L. Rioux, h/w, dated 03/15/21007, recorded 03/22/200"T rl 13F)ok 279, Page 1116. PREMISES BEING: 2:5 EAST YELLER STREET, MECHANICSBURG, PA 17055-3827 PARCEL No. 17-23-0565-084 SHORT DESCRIPTION By irtue of a Writ of Execution NO. 11-7814 CIVIL WELLS FARGO BANK, N.A. DAVID SHORTER A/K/A DAVID A. SHORTER BRENDA SHORTER A/K/A BRENDA R. SHORTER owner(s) 4property situate in the 2N11 WARD OF THE BOROUGH OF MECHANICSBURG, Cumberland County, Pennsylvania, being (Municipality) 25 EAST KELLER STREET, MECHANICSBURG, PA 17055-3827 Parcel No. 17-23-0565-084 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGM F NT AMOUNT: $112,463.91 Phelan Hallinan & Sch;mieg, LLP Attomey for Plaintiff 1617 I)-,K B+Ailevard. Suite 1400 Philadelpbia PA 19103 2 1 -5?,3-7000 WRIT OF EXECUTION and/or ATTACHMENT C(_)Miv1(_)NWEALTH OF PENNSYLVANIA) ( I NI Y OF CUMBERLAND) NO 11-7814 Civil CIVIL ACTION _-NW t=;> TI if SHERIFF OF CUMBERLAND COUNTY: To ;atisfv the debt. interest and costs due WELLS FARGO BANK, N. A. Plaintiff (s) Front DAVID SHORTER A/K/A DAVID A. SHORTER BRENDA SHORTER A/KJA ;BRENDA R. SHORTER (I i You are directed to levy upon the property ofthe defendant (s)and to sell SEE LFC,AL. DESCRIPTION. C i Yost are also directed to attach the property of the defendant(s) not levied upon in the possession 0 ( \RNI'^IJEE(S) as follows: xid to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enioim,d from p r.,imi any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant or otherwise disposing thereof; (_) If property of the defendant(s) not levied upon an subject to attachment is, found in the posses:. ion o' anyone other than a named garnishee, you are directed to notify him/her that he/she has teen added as a e.u-nishe ., and is enjoined as above stated. Amount Due: S 112, 463.91 L. L.: $.50 It Merest from 13/28/2011 to Date of Sale ($18.49 per diem) --- $ 2,995.38 Any',, ( mim: Due Prothv: 52.25 A n v PaJ 1i S 243.00 Other Costs: P'?inti11 Paid 14/12 Cute: 1/14/12 David D. B ell, ProthonoLary Deputy Ri'.QUFSTING PARTY: Name: Melissa J. Cantwell, Esquire Address Phelan Hallinan & Schmieg, LLP 1617 .IFK Boulevard, Suite 1400 Philadelphia, PA 19103-9897 .Vtorne? for: Plaintiff F -lephone: 215-563•-7000 Supreme Court IF) No. 308912 TRUE COPY FROM RECORD ln Testirnony whereof. I here unto set my hand mss, endttN ,Q "a. Pa. 12 {/ o.f said .....'.? 120 This d" pI Prothonotary U°` Can Febraary i'S 20.x. M. A defendant's i n t e r e s : e- 0 Borough of Mechari cs ur , r,uowtt la, () known and numbered ma '( eiie tree : Mechanicsburg, PA r -?tjyes cr one of Exhibit"A" filed with this writ, are ? ete e iiw e incorporated hereir= Date: February 15, 20.kr By For Claudia Brewbaket Reap - .agr a .: . r, Writ No. 2011-7814 Civil Term Wells Fargo Bank. N.A. VS. David Shorter a/k/a David A. Shorter, Brendan Shorter a/k/a Brenda R. Shorter Atty.: Melissa J. Cantwell By virtue of a Writ of Execution NO. 11-7814 CIVIL WELLS FARGO BANK, N.A., vs. DAVID SHORTER a/k:/a DAVID A. SHORTER BREN- DA SHORTER a/k/a BRENDA R. SHORTER, owner(s) of property situate in the 2 WARD OF THE BOR- OUGH OF MECHANICSB URG, Cumberland County, Pennsylvania, being 25 EAST KELLER STREET, MECHANICSBURG, PA 17055-3827. Parcel No. 17-23-0565-084. Improvements thereon: RESI- DENTIAL DWELLING JUDGMENT AMOUNT: $112,463.91. PHELAN HALLINAN &. SCHMIEG, LLP Attorneys for Plaintiff 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 215-563-7000 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved. May 16. 1929), V L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COITNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, April 27, May 4, and 'May 11, 2012 s Affiant further deposes that he is authorized to verify this statement b-, the Cturiberland 1,aw Journal. a legal periodical of general circulation. and that he is not interested Ili the subject': matter of the aforesaid notice or advertisement, and that all allegations in the foregc+irl_ statements as to time, place and character of publication are true. Lis, V Marie Coyne, Edit r i SWORN TO AND SUBSC'RIBED before me this .11 day of Mav. 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public L LISLE BOROUGH, CUMBERLAND COUNy My Commission Expires Apr 28, 20 14 COMMONWEALTH OF PENNSYLVANIA (`OVNTY OF CUMBERLAND SS: 1. Robert P. Iieyler, Recorder of Deeds in and for said County and State do here certify that the Sheriff's [)eed in which Federal Home Loan Mortgage Corporation is the grantee the, same having been sol-.1 to said grantee on the 6 day of June A.D., 2012, under and by virtue of a writ .k),ecution issued on the 14 dav 4 February. A.D., 2012, out of the Court of Common Pleas of said County AS of Civil Term. 2011 Number 7814, at the suit of Wells Fargo Bank. N.A. against David Shorter.,_D11vid A. Shorter, Brenda Shorter and Brenda R. Shorter is duly recorded as Instrument Number '0' :?21280. IN TESTIMONY WHEREOF, I have hereunto set my hand and sal of said office this ?? - day of A. D. r T ; Rcwrder of Deeds r gerorder of Curnberwd Comfy, Carlisle, l'A Any Commission Expires the Fis, Monday of Jan. 9014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949 respectively, and all have been continuously published ever since, That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M°, Volume 14, Page 317. r This ad ran on the date(s) shown below: tot 1-7814 Chill Term JDavId Wells Fargo Bank, NA. 04/27/12 Short" a DeMd A. 05/04112 8horter Brendan 8h ' a B 05/11 /12 R. Shorter Brenda Mr. Melissa J. Cantwell ?.? .....,... .......... By virtue of a Writ of Execution N0.11- 7814 s. CIVIL WELLS FARGO BANK, N.A. vs. DAVID SHORTER A/K/A DAVID., Sworn to and subscribed efore a this 22/06y of May, 2012 A.D. SHORTER BRENDA SHORTER A/K/A BRENDA R. SHORTER owner(s) of property situate in the 2 WARD OF THE BOROUGH OF Notary Public MECHAMCSSURG, Cbmberland County, Pennsylvania, being (Municipality) 25 EASTKEi1-ER STREET, COMMONWEALTH OF PENNSYLVANIA Ice HANICSBURG, PA 17055-3827 ' i?otariai Seal l No.17-23-0565-084 Sherrie L. Owens, Notary Public age or street address ) Lower Paxton Twp., Dauphin County w NG therm: RESIDENTIAL y omm!ssion Expires Nov. 26 , 2015 I'I"ING'TUj)li]?NTAMOUNT: MEMBER, PFNNSVLVANtA $112,463.91 r ASSOC(A7ION OF NOTARIES